Misunderstanding Mississippi car accident laws can lead to costly mistakes that delay compensation or harm your claim entirely. Many accident victims rely on hearsay or incorrect assumptions, which can prevent them from getting the full settlement they deserve. Here are some of the most common myths—and the truth behind them.
Myth #1: If You’re Partially at Fault, You Can’t Recover Compensation
The Truth: Mississippi follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially responsible for the accident. However, your award will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $100,000, you could still recover $70,000.
Myth #2: The Insurance Company Will Treat You Fairly Without an Attorney
The Truth: Insurance companies are profit-driven businesses. Even your own insurer’s goal is to pay as little as possible. Adjusters may offer quick, low settlements before you know the full extent of your injuries. Without a clear understanding of the law and your rights, you risk accepting far less than you deserve.
Myth #3: You Have Plenty of Time to File a Claim
The Truth: In Mississippi, you generally have three years from the date of the accident to file a personal injury lawsuit. Claims against government entities have much shorter deadlines—just one year—and require advance notice. Waiting too long can permanently bar you from recovering damages.
Myth #4: If You Didn’t See a Doctor Immediately, You Can’t File a Claim
The Truth: While it’s always best to seek prompt medical care, a delay does not automatically disqualify you from making a claim. However, insurance companies often argue that delayed treatment means your injuries weren’t caused by the accident. Prompt care strengthens your case and documents your injuries clearly.
Myth #5: The At-Fault Driver’s Insurance Automatically Covers All Your Losses
The Truth: Mississippi requires drivers to carry only minimum liability insurance, which may not be enough to cover serious injuries or property damage. If damages exceed their coverage, you may need to pursue compensation through underinsured motorist coverage, your own insurance policy, or a personal injury lawsuit.
Myth #6: You Must Accept the First Settlement Offer
The Truth: You are under no obligation to take the initial offer from an insurance company. In fact, first offers are often far below the true value of your claim. You have the right to negotiate for a fair settlement that accounts for medical expenses, lost wages, pain and suffering, and future costs.
Myth #7: If the Accident Happened in Bad Weather, No One Can Be at Fault
The Truth: Poor weather does not erase a driver’s duty to operate their vehicle safely. If someone was speeding, tailgating, or otherwise driving recklessly during bad weather, they can still be held liable.
Call Attorney Bill Kellum Today!
Misconceptions about Mississippi car accident laws can cost you valuable time, money, and legal rights. If you’ve been injured, Kellum Law Firm, P.C. can help you understand the law, build a strong case, and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to protect your rights today.
